To transfer property title in Florida, the current owner signs a deed in front of two witnesses and a notary, the deed is delivered to the new owner, the documentary stamp tax is paid, and the deed is recorded with the clerk in the county where the property sits. Before you sign anything, three decisions shape the transfer: which type of deed to use, how the new owner will hold title, and whether homestead rules require a spouse to join in.
Choose the Right Deed
Florida Chapter 689 governs how real property is conveyed.1Florida Senate. Florida Statutes Chapter 689 – Conveyances of Land and Declarations of Trust The deeds differ in how much the seller promises about the title’s history, and the choice is one of the more consequential parts of the transaction.
A general warranty deed is the strongest for the buyer. The seller guarantees the title is free of defects going all the way back through the property’s entire ownership history, not just the seller’s period of ownership. If a claim surfaces from any point in the chain, the seller is on the hook. This is standard in most residential sales.
A special warranty deed narrows that promise. The seller only guarantees that no title problems arose while they owned the property; anything predating their ownership is not their responsibility. Commercial sellers and corporate entities often use this form to limit their exposure.
A quitclaim deed transfers whatever interest the seller has, if any, with no guarantees. It’s common for low-risk transfers: adding or removing a spouse from title, moving property into a trust, or clearing up a minor title defect. It offers no protection if the title turns out to be flawed, so it’s the wrong instrument for an arm’s-length sale.
Decide How the New Owner Will Hold Title
The way the new owner takes ownership, called vesting, controls what happens when an owner dies, whether the property must go through probate, and who can reach it in a lawsuit. Florida defaults to tenancy in common when multiple unmarried people acquire property together, so the deed has to say otherwise if that’s not what you want.2Online Sunshine. Florida Statutes 689.15 – Estates by Survivorship
Tenancy in Common
Each owner holds a separate share that can be unequal — say, 60% and 40%. Each can sell, mortgage, or give away their share independently. When a tenant in common dies, their share does not pass to the co-owners. It goes through probate to whoever is named in their will or, if there’s no will, to their heirs under Florida’s intestacy rules. The absence of automatic survivorship catches people off guard more than almost any other title issue.
Joint Tenancy With Right of Survivorship
All owners hold equal shares, and when one dies, the property automatically passes to the survivors outside of probate. Florida does not presume joint tenancy, so the deed must expressly create the right of survivorship.2Online Sunshine. Florida Statutes 689.15 – Estates by Survivorship Naming two people without specifying survivorship gets you a tenancy in common by default, and the survivorship benefit disappears.
Tenancy by the Entirety
This form is available only to legally married couples and treats both spouses as a single owner. It carries automatic survivorship, so when one spouse dies the survivor becomes sole owner without probate. The real advantage is creditor protection: a creditor holding a judgment against only one spouse cannot force a sale of entireties property or place a lien on it. Only a creditor of both spouses jointly can reach it. Divorce automatically converts the tenancy by the entirety into a tenancy in common, and the creditor protection vanishes.
Homestead: The Rule That Voids Transfers
Florida’s homestead protections restrict what an owner can do with the property. The Florida Constitution shields a homestead from forced sale by creditors, with limited exceptions for property taxes, purchase-money mortgages, and liens for work performed on the property.3FindLaw. Florida Constitution Art X, Section 4 Inside a municipality, the exemption covers up to one-half acre; outside one, up to 160 contiguous acres.
The transfer restriction is where people get tripped up. A married homeowner cannot sell, mortgage, or give away the homestead without the spouse joining in the deed, even if the spouse’s name is not on the title.3FindLaw. Florida Constitution Art X, Section 4 A deed signed without spousal joinder is voidable, meaning it can be challenged and unwound in court. Title companies routinely reject deeds missing that joinder on homestead property.
Homestead also limits estate planning. If you are survived by a spouse or minor child, you generally cannot leave the homestead to anyone other than your spouse. You may devise it to your spouse if there is no minor child, but otherwise the property descends by statutory rules regardless of what your will says.4Online Sunshine. Florida Statutes 732.4015 – Devise of Homestead Ignoring these limits is a common source of probate litigation.
Execute and Record the Deed
Florida’s execution requirements are specific, and the clerk will reject a deed that misses any of them. The grantor must sign in the presence of two subscribing witnesses, and the signature must be notarized.1Florida Senate. Florida Statutes Chapter 689 – Conveyances of Land and Declarations of Trust Florida also permits remote witnessing through audio-video communication technology, so witnesses do not have to be in the same room as the signer.
For the clerk to accept the deed, every signer, witness, and the notary must have their name legibly printed directly beneath their signature, with a mailing address.5Justia Law. Florida Statutes 695.26 – Requirements for Recording Instruments Affecting Real Property The deed must also include the name and mailing address of each grantee, the name and address of the person who prepared it, and a 3-inch by 3-inch blank space in the upper right corner of the first page for the clerk’s use. Missing any of these gives the clerk grounds to refuse the filing.
Once filed, the deed is deemed officially recorded and gives constructive notice to the public from the moment the clerk assigns it an official register number.6Online Sunshine. Florida Statutes 695.11 – Instruments Deemed to Be Recorded From Time of Filing The order of those numbers establishes priority: if two competing deeds are filed on the same property, the one with the lower register number wins.
Documentary Stamp Tax and Recording Costs
Florida imposes a documentary stamp tax on deeds at $0.70 per $100 of consideration, including any mortgage the buyer assumes.7Justia Law. Florida Statutes 201.02 – Tax on Deeds and Other Instruments Relating to Real Property or Interests in Real Property On a $400,000 sale, that’s $2,800. When consideration is non-cash property rather than money, the tax is calculated on the fair market value of the real estate transferred.
Miami-Dade County is the exception. Single-family residences there are taxed at $0.60 per $100, while all other property types pay $0.60 plus a $0.45 surtax, for a total of $1.05 per $100.8Florida Department of Revenue. Documentary Stamp Tax
Some transfers are exempt. Deeds between spouses or former spouses as part of a divorce are exempt, as are transfers of homestead between spouses when the only consideration is an existing mortgage on the property.7Justia Law. Florida Statutes 201.02 – Tax on Deeds and Other Instruments Relating to Real Property or Interests in Real Property Transfers into an irrevocable grantor trust for estate planning are also exempt.
If the buyer finances the purchase, a separate nonrecurring intangible tax of 2 mills ($0.002 per dollar, or $2 per $1,000) applies to the new mortgage.9Florida Department of Revenue. Nonrecurring Intangible Tax On a $320,000 mortgage, that’s $640. Recording fees are set by the county clerk and are typically charged per page.
Title Search and Title Insurance
Before closing, a title search examines the public records for anything that could cloud the ownership being transferred. The search traces recorded deeds, mortgages, court judgments, tax liens, easements, and restrictive covenants back through the property’s history. The buyer inherits every recorded encumbrance, so unresolved liens or competing claims found in the search usually have to be cleared by the seller before the deed is delivered.
Title insurance covers defects that existed before the policy date but were not caught during the search. Forged signatures earlier in the chain, unknown heirs, or recording errors can surface years later. There are two policies:
- Owner’s policy: Protects the buyer for as long as they hold an interest in the property. If a covered defect surfaces, the insurer resolves the claim or compensates the owner.
- Lender’s policy: Protects the mortgage lender’s interest and is typically required as a condition of the loan. It covers only the outstanding loan balance and expires when the mortgage is paid off.
An owner’s policy is a one-time purchase at closing, priced on the sale amount. Both policies are standard in most Florida residential deals, though who pays for each varies by county custom.
When You Might Not Use a Straight Deed
If the goal of the transfer is to move property to heirs at death rather than to a buyer today, a few alternatives to a straight deed are worth knowing about. Florida property titled solely in a deceased person’s name has to go through probate before it can pass to heirs, and these tools sidestep that.
An enhanced life estate deed, often called a Lady Bird deed, lets the owner keep full control during life, including the right to sell, refinance, or revoke the deed entirely, with no consent needed from the named remainder beneficiary. On the owner’s death, the property vests automatically in the beneficiary and skips probate. A traditional life estate deed, by contrast, strips the owner of the ability to sell or mortgage without the remainder beneficiary’s agreement.
A revocable living trust avoids probate by moving the property out of the owner’s individual name and into the trust during the owner’s lifetime. The owner usually serves as both trustee and beneficiary, so day-to-day use doesn’t change. The process requires signing a new deed conveying the property from the individual to the trustee, then recording that deed. If the new deed is signed but never recorded, the trust does not control the property the way it was meant to.
A Florida land trust, authorized by the Florida Land Trust Act, puts legal title in a trustee’s name while the beneficiary retains management direction and economic benefits. The beneficiary’s identity stays off public records, and the beneficial interest can be transferred by private agreement without recording a new deed.10Online Sunshine. Florida Statutes 689.071 – Florida Land Trust Act
Titling property in an LLC creates a legal barrier between the property and the owner’s personal assets and is most common with rental investors. Florida charges an annual LLC filing fee, lenders may impose higher rates or refuse to finance property held in an LLC, and moving a personally held property into an LLC requires a new deed that triggers the documentary stamp tax unless an exemption applies.
FIRPTA When the Seller Is Foreign
When a foreign person sells Florida real estate, the buyer is required to withhold 15% of the sale price and remit it to the IRS under the Foreign Investment in Real Property Tax Act.11Office of the Law Revision Counsel. 26 USC 1445 – Withholding of Tax on Dispositions of United States Real Property Interests The rate drops to 10% if the buyer plans to use the property as a residence and the price is between $300,001 and $1,000,000. No withholding is required if the buyer will use the property as a residence and the price is $300,000 or less.12Internal Revenue Service. FIRPTA Withholding
The withheld amount is an estimated prepayment, not a final tax. If the seller’s actual tax on the gain is lower, the seller files a U.S. tax return to claim a refund. A foreign seller who wants to reduce the withholding at closing rather than wait for a refund can apply in advance using IRS Form 8288-B.13Internal Revenue Service. About Form 8288-B, Application for Withholding Certificate for Dispositions by Foreign Persons of U.S. Real Property Interests The obligation runs to the buyer, so it should be worked out well before closing.